Family and Domestic Violence Leave

August 2, 2023

10 days paid leave

Australian small business employers should be aware starting 1 August 2023, your employees, including casuals are entitled to 10 days of paid leave each year if they are experiencing family and domestic violence and need to do something to deal with it.

In particular, an employee may take paid family and domestic violence leave if:

(a) the employee is experiencing family and domestic violence; and
(b) the employee needs to do something to deal with the impact of the family and domestic violence; and
(c) it is impractical for the employee to do that thing outside the employee’s work hours

The entitlement to paid leave is provided in the National Employment Standards and therefore applies to all Australian employees, not just Award covered businesses.

Examples of actions, by an employee who is experiencing family and domestic violence, that could be covered include arranging for the safety of the employee or a close relative (including relocation), attending court hearings, accessing police services, attending counselling and attending appointments with medical, financial or legal professionals.

The employee must notify their employer as soon as practicable of the intention to take leave and the expected duration. The employer may require evidence that would satisfy a reasonable person that the leave is taken for the reason and purpose stated and in accord with the requirements listed in (a), (b) and (c) above.

Further information

Contact us for further information or wish to discuss the circumstances of your business.

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